Ltr Tampa City Council Cameras.Final. 121004.pdf
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October 3, 2012 Tampa City Council 306 East Jackson Street Tampa, Florida 33602 Dear City Council Members: Prior to the commencement of the Republican National Convention (RNC) in Tampa, the Tampa City Council approved the installation, activation and monitoring of numerous pan/tilt/zoom cameras. The matter was presented to the Council as an “Off the Agenda Item” or “walk-on” Resolution at your February 29, 2012, meeting and was described as: “Resolution approving a Master Agreement between the City of Tampa and Aware Digital, Inc. for the provision of the Downtown Tampa Closed Circuit Television (CCTV) system in the estimated amount of $1,999,987.16 for use by the Tampa Police Department during the Republican National Convention; authorizing the Mayor to execute said agreement; providing an effective date.” (emphasis added). The CCTV cameras were intended to be used to surveil the downtown areas of Tampa during the RNC. The RNC concluded on August 30, 2012. As of today’s date, the cameras are still in place, actively recording and being monitored. It is now incumbent upon the City of Tampa to determine the disposition of this CCTV equipment. In a letter addressed to the City Council, on September 19, 2012, the American Civil Liberties Union of Florida expressed its opposition to the cameras as being intrusive upon the private lives of the citizens of the City of Tampa. The ACLU also expressed its concern that the cameras, which were acquired for a one-time political event which was predicted to include extraordinary crowds, would be retained for routine, around-the-clock surveillance of ordinary people as they go about their lawful everyday business. It is now apparent that it is intended that these cameras will become a permanent fixture of the City of Tampa. Article I, § 23 of the Florida Constitution, states that, “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.” The ACLU reiterates its position that the ongoing use of this warrantless surveillance, which gathers sensitive information, is an unauthorized and improper intrusion upon the private lives of innocent and non-consenting people, including minors. Additionally, these video recordings are public records which, pursuant to Florida’s Public Records laws (Fla. Stat. Chapter 119), must be produced upon request by anyone, individual or entity, regardless of the intentions of the requester. Since there are currently no policies that would protect the identities of those persons who appear on the videos, the recordings may well facilitate the stalking or other victimization of those persons by private entities or individuals.
Further, there are no policies governing the manner in which these cameras are monitored, including who may monitor, what training the monitors receive, and how and by whom the video recordings may be used or shared. It has been offered that the CCTV system will deter crime in the downtown area. However, there has been no data offered to support this claim. In fact, studies have shown that the presence of video surveillance equipment does not affect criminal activity. Additionally, there is no data that shows that the crime rate in downtown Tampa would justify this monitoring system. The estimated annual cost to maintain the CCTV system is in the vicinity of $180,000.00. The ACLU of Florida offers that these funds would better serve the community by being invested in infrastructure, training, education or other more effective resources or services that would not compromise the liberties of the citizenry. Finally, should the video recordings become topics of litigation, or otherwise be related to ongoing law suits, they would be subject to litigations holds prohibiting their destruction during the course of the litigation. The cost of storing this amount of digital matter for a prolonged period of time may be significant. Through this letter, the ACLU of Florida requests that the use of the subject CCTV system be discontinued, in its entirety. In the alternative, that it be significantly curtailed, with policies and procedures put in place to ensure the protection of the civil liberties and constitutional rights of Tampa’s citizens and visitors.
___________________________________ Yvette Acosta MacMillan Staff Attorney, Mid Florida Regional Office American Civil Liberties Union of Florida PO BOX 25477 Tampa FL 33622-5477
Further, there are no policies governing the manner in which these cameras are monitored, including who may monitor, what training the monitors receive, and how and by whom the video recordings may be used or shared. It has been offered that the CCTV system will deter crime in the downtown area. However, there has been no data offered to support this claim. In fact, studies have shown that the presence of video surveillance equipment does not affect criminal activity. Additionally, there is no data that shows that the crime rate in downtown Tampa would justify this monitoring system. The estimated annual cost to maintain the CCTV system is in the vicinity of $180,000.00. The ACLU of Florida offers that these funds would better serve the community by being invested in infrastructure, training, education or other more effective resources or services that would not compromise the liberties of the citizenry. Finally, should the video recordings become topics of litigation, or otherwise be related to ongoing law suits, they would be subject to litigations holds prohibiting their destruction during the course of the litigation. The cost of storing this amount of digital matter for a prolonged period of time may be significant. Through this letter, the ACLU of Florida requests that the use of the subject CCTV system be discontinued, in its entirety. In the alternative, that it be significantly curtailed, with policies and procedures put in place to ensure the protection of the civil liberties and constitutional rights of Tampa’s citizens and visitors.
___________________________________ Yvette Acosta MacMillan Staff Attorney, Mid Florida Regional Office American Civil Liberties Union of Florida PO BOX 25477 Tampa FL 33622-5477
